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People v. Crosby

Appellate Division of the Supreme Court of the State of New York
Jan 19, 2017
2017 N.Y. Slip Op. 62000 (N.Y. App. Div. 2017)

Opinion

KA 17-00056 Indictment No. 2016-314

01-19-2017

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOHN CROSBY, DEFENDANT-APPELLANT.


PRESENT: WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ.

Defendant having moved pursuant to CPL 230.20 for a change of venue from Oneida County Court for the prosecution of indictment number 2016-314,

Now, upon reading and filing the affidavit of John Crosby sworn to January 3, 2017, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Memorandum: We conclude that defendant has not met his burden of demonstrating that there is "reasonable cause to believe that a fair and impartial trial cannot be had" in Oneida County (CPL 230.20[2]). If it develops during the voir dire that a fair and impartial jury cannot be drawn, an appropriate motion may then be made. The relief requested in the motion is premature (People v Mateo, 239 AD2d 965).

Entered: January 19, 2017

Frances E. Cafarell, Clerk


Summaries of

People v. Crosby

Appellate Division of the Supreme Court of the State of New York
Jan 19, 2017
2017 N.Y. Slip Op. 62000 (N.Y. App. Div. 2017)
Case details for

People v. Crosby

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOHN CROSBY…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Jan 19, 2017

Citations

2017 N.Y. Slip Op. 62000 (N.Y. App. Div. 2017)